[1]
For statutory provisions authorizing local authorities to license and regulate vehicles for hire, see Vehicle Code §§ 21100 and 21112; for provisions on financial responsibility of commercial passenger vehicles, see Vehicle Code § 16500 et seq.
It is unlawful for any person to operate any taxicab or automobile carrying passengers for hire unless and until the owner shall apply for and obtain a permit to do so and shall have obtained a business license as required by Chapter 5.04 FMC.
(Code 1961 § 24-1; Ord. 2016-722 § 1)
A. 
Every person or company desiring to operate a taxicab service or automobile carrying passengers for hire shall make application with the city clerk for a permit, on such form as may be provided by the clerk, and shall give all information required in such application or requested by the city clerk.
B. 
The city clerk may refuse to grant a permit to operate such vehicle if the city council finds there is insufficient public need or demand for the operation of the vehicle, for which a permit has been applied, or for any reasonable cause which, within his sound discretion, renders the proposed operations undesirable or inadequate.
C. 
Upon the city clerk's refusal to grant such permit, the applicant therefor shall have the right to appeal to the city council, present his case and the council shall then either grant or refuse such permit. This action of the council shall be final.
D. 
Every person or company holding an operator's permit shall be responsible for the business authorized by the permit, including dispatch services. The permit holder shall assure that the vehicles operated by the permit holder are operable and in safe condition. The permit holder shall be responsible to provide sufficient permitted drivers to operate the business in accordance with the requirements of this chapter.
E. 
A fee set by resolution will be paid by the applicant to the city clerk for the administration of this section.
F. 
Every person or company holding an operator's permit must renew the permit annually and shall certify its accuracy. Upon payment of the nonrefundable administrative fees as provided in the most recent fee schedule adopted by the city council, the city clerk shall issue an annual renewal.
(Code 1961 § 24-2; Ord. 2016-722 § 1)
No person or company shall operate or permit a taxicab owned or controlled by him/them to be operated as a vehicle for hire to carry passengers upon the streets of the city, without first obtaining a certificate of public convenience, a taxi driver's permit, a business license as required by Chapter 5.04 FMC and meet the requirements of this chapter.
(Code 1961 § 24-3.1; Ord. 2016-722 § 1)
A sworn application for a certificate shall be filed with the city clerk upon forms provided by the city clerk and shall furnish the following information:
A. 
Name and address of the applicant;
B. 
Financial status including the amounts of all unpaid judgments against the applicant;
C. 
The experience of the applicant in the transportation of passengers;
D. 
Any facts which tend to prove this public convenience is needed in the city;
E. 
The number of vehicles to be operated, the make and description and the license numbers of each;
F. 
The proposed rates to be charged;
G. 
The color scheme or insignia to be used to designate the vehicles;
H. 
If radios are to be used, the call letters or frequencies of such radio units;
I. 
Such further information as the chief of police may require.
(Code 1961 § 24-3.2; Ord. 2016-722 § 1)
If the city council finds that further taxi service is required and is necessary and the applicant is fit, willing, and able to perform such public service of transportation and to conform to the provisions of this chapter, a certificate of public convenience will be issued by the city clerk.
(Code 1961 § 24-3.4; Ord. 2016-722 § 1)
The certificate may be suspended or revoked by the city council upon the following grounds:
A. 
The certificate holder knowingly fails to operate the vehicles under the permit in accordance with the provisions of this chapter and any state and federal laws applicable to the operation of such vehicles.
B. 
The taxicab or taxicabs are operated at a rate of fare more than that approved by the council.
C. 
The company shall abandon its operation of all vehicles for a period of 30 days. Acts of God, labor disputes, and other acts beyond the control of the certificate holder which cause an abandonment or limitation of service shall not be an abandonment within the meaning of this section.
D. 
The certificate holder has committed acts or carried on a course of conduct which the council finds, after hearing, establishes a lack of good moral character in such certificate holder.
(Code 1961 § 24-3.6; Ord. 2016-722 § 1)
A. 
It is unlawful for any person to drive or operate any vehicle used for the transportation of passengers for hire without first obtaining a taxicab driver's permit from the city of Fortuna police department.
B. 
Applications for such permits shall be filed with the chief of police giving the following information on a form furnished by the police department:
1. 
Name, address, telephone number, and last previous address;
2. 
Name and address of the owner or owners of the taxicab company;
3. 
A statement as to whether the applicant has ever been convicted of any crime, misdemeanor, felony or any violation of a municipal ordinance, the nature of the offense and the punishment assessed therefor.
C. 
The applicant shall have in his possession a valid California driver's license.
(Code 1961 § 24-3.7; Ord. 2016-722 § 1)
A. 
Upon receipt of the application for a taxicab driver's permit, the chief of police shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
B. 
A complete set of fingerprints will be taken and forwarded to the Bureau of CII in Sacramento, California, and to the FBI in Washington, D.C. Return of this record check must be received before a permit will be granted. If, as the result of such investigation, the applicant's character or business responsibility is found satisfactory, a taxicab driver's permit will be issued by the chief of police.
C. 
A fee set by resolution will be paid by the applicant to the city clerk for the cost of investigation and administration.
(Code 1961 § 24-3.8; Ord. 2016-722 § 1)
The chief of police may revoke a permit under the following conditions:
A. 
Conviction of any felony, any crime involving moral turpitude, or any crime involving narcotics;
B. 
Conviction while operating a taxicab, of driving while intoxicated or reckless driving or any combination of moving violations above four for one year;
C. 
If the holder's driver's license is suspended or revoked by the state;
D. 
Violation of any section of this chapter.
(Code 1961 § 24-3.11; Ord. 2016-722 § 1)
Any driver whose permit is refused or revoked may appeal to the city council in writing for a hearing. A date, time and place will be set by the city clerk with notice to the complainant. The decision by the city council will be final.
(Code 1961 § 24-3.12; Ord. 2016-722 § 1)
No permit to operate a vehicle used in taxicab service or carrying passengers for hire shall be granted to any person until such person shall have filed his fingerprints with the Fortuna police department.
(Code 1961 § 24-4; Ord. 2016-722 § 1)
A. 
It is unlawful to operate any vehicle carrying passengers for hire unless there is filed with the city clerk a liability insurance policy issued by a corporation authorized to do business in the state. The liability policy required under this section shall insure against loss from the liability imposed by law for injury or death of any person or damage to any property caused by the operation of any vehicle to the following amounts:
1. 
For death or injury to any one person in any one accident, $1,000,000;
2. 
For death or injury to two or more persons in any one accident, $1,000,000;
3. 
For damage to property of others in any one accident, $500,000.
B. 
Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice has been given to the city, addressed in care of the city clerk, at least 30 days immediately prior to the time such cancellation becomes effective.
C. 
Such policy of insurance shall endorse the city, its officers, agents and employees as additional insured.
D. 
Permit holders, vehicle owners and drivers shall indemnify, defend and hold harmless the city, its officers, agents and employees, from any loss, liability, claim, injury or damage arising or alleged to arise from the willful or negligent acts or omissions of the permit holder, vehicle owner or driver in connection with the provision of transportation service pursuant to the permit.
(Code 1961 § 24-5.1; Ord. 2016-722 § 1)
The certificate holder shall abide by the following specifications and requirements:
A. 
The taxi driver's permit will be displayed inside the cab in full view of passengers.
B. 
A schedule of rates will be displayed inside the cab in full view of passengers.
C. 
Every taxicab shall have printed or placed on each side and rear of such taxicab the name of the cab company together with the telephone number. The number of the cab will be placed on each side of the cab below the name of the company.
D. 
It is unlawful for any person, firm, or company to imitate the approved color, name, or insignia of a certified cab company.
E. 
The chief of police or any member of the police department under his direction shall have the right at any time to enter into or upon any taxicab to ascertain whether or not the provisions of this chapter have been violated and that the taxicab is mechanically safe to carry passengers.
F. 
Any taxicab which is found to be unsafe as a result of such inspection shall be immediately ordered out of service and remain so until it is again found to be in a safe condition.
(Code 1961 § 24-9.1; Ord. 2016-722 § 1)
A. 
The chief of police may by order locate and grant a taxicab stand, which when so established shall be appropriately designated "Taxi Stand."
B. 
It is unlawful for any vehicle to park in a taxi stand except a vehicle for hire.
C. 
Taxi stands shall remain in effect until revoked by the city council.
(Code 1961 § 24-9.2; Ord. 2013-704 § 2 (Exh. A); Ord. 2016-722 § 1)
The following regulations shall be complied with:
A. 
Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously.
B. 
No driver of any licensed taxicab shall refuse any person prompt taxi service in the city at any time while such taxicab is on the public streets of Fortuna, ready for service unless such taxicab is already engaged in the carrying of one or more passengers or is en route to answer a call for taxicab service; provided, further, that nothing in this subsection shall require any owner or driver to furnish service to any person under the influence of intoxicating liquor or narcotics, or who is a criminal.
C. 
No driver of any taxicab shall accept or take into his vehicle any larger number of passengers than the rated seating capacity of his vehicle.
D. 
No driver shall carry any passenger other than paying passengers or persons authorized by or on behalf of the company.
E. 
Any violation of the provisions of this section shall be cause for the revocation of the permit of the driver guilty of such violation.
F. 
It is unlawful for any person to refuse to pay the lawful fare as posted. All disputes as to fare shall be forthwith determined by the officer in charge of the police station. Failure to comply with such determination shall be subject to a charge of misdemeanor.
(Code 1961 § 24-9.3; Ord. 2016-722 § 1)